JADABENDRA NARAYAN CHOUDHURY Vs. COMMISSIONER JALPAIGURI DIVN

JUDGEMENT

(1.) In this Rule the petitioner prays for quashing certain orders of the District Magistrate, Malda the respondent No. 2, for seizure of several guns and sus pension of several licenses and also order passed by the respondent No. 1 on appeal in this connection. Briefly, the facts are:--

(2.) The petitioner belongs to ancient Zamindar family of a place known as 'English Bazar' in the district of Malda. His ancestors possessed quite a large number of guns and also several pistols. In 1957 the petitioner was granted 3 licenses Nos. 5067, 5068 and 5069 for possession of some of those guns and pistols. The license Nos. 5067 and 5068 which are the subject matter of the present rule covered 4 and 6 guns including 2 pistols respectively (hereinafter referred to as the Fire Arms). These fire arms were owned and possessed by the petitioner's father Jadunandan Choudhury along with his cousin brother Asutosh during their life time. The license stood in the name of the petitioner's father Apart from this Asutosh Choudhury also held separate license for several other guns. It is alleged that during the life time of the petitioner's father a partition suit being No. 30 of 1952 in the Court of the Subordinate Judge, Malda which was filed is still pending but these fire arms are not included.

(3.) After the death of the petitioner's father, the petitioner obtained the said two licenses in his own name and possessed these fire-arms along with Asutosh Choudhury during his life time and they were kept in the 'Ejmali Kutchery'.